Colorado § 24-33.5-431 - Missing indigenous persons - interagency cooperation - data repository - alert program - report - rules.

§ 24-33.5-431. Missing indigenous persons - interagency cooperation - data repository - alert program - report - rules.

(1) (a) The bureau shall cooperate with the office of liaison for missing and murdered indigenous relatives established in section 24-33.5-2603 and federal, state, tribal, and local law enforcement agencies for the efficient investigation of missing or murdered indigenous people.

(b) Any time the bureau receives a report of a missing or murdered indigenous relative, as defined in section 24-33.5-2601, who is a member of a federally recognized tribe, the bureau shall, as soon as practicable, notify the tribal entity of the report.

(2) (a) The bureau is the central repository of information and shall operate a clearinghouse database on missing indigenous persons from Colorado.

(b) As a function of the central repository, the bureau shall prepare and make publicly available an annual report on information compiled from the clearinghouse database. The report must include biographical information collected on missing persons and include information submitted by federal, state, tribal, and local law enforcement agencies.

(c) The bureau may make publicly available information about ongoing missing person investigations to aid in the efficient investigation and swift recovery of missing persons or when otherwise in the public interest.

(3) (a) In order to aid in the safe recovery of missing indigenous persons, the bureau shall operate a missing indigenous person alert program. The program must be a coordinated effort among the bureau, local law enforcement agencies, federally recognized tribes, any governmental agency that may be involved in the search and recovery of a missing person, and the state's public and commercial television and radio broadcasters. The bureau may operate the alert system as a part of any other missing person alert program operated by the bureau.

(b) Upon receiving notice of a missing indigenous person from a law enforcement agency pursuant to section 16-2.7-103, or from any governmental agency that may be involved in the search and recovery of a missing person, the bureau shall confirm the accuracy of the information and then issue an alert. The alert must be sent to designated media outlets in Colorado. Participating radio stations, television stations, and other media outlets may issue the alert at designated intervals as specified by rule. The alert must include all appropriate information from the law enforcement agency that may assist in the safe recovery of the missing person and a statement instructing anyone with information related to the missing person to contact a local law enforcement agency.

(c) The bureau shall cancel the alert upon notification that the missing person has been found or at the end of the notification period, whichever occurs first. A local law enforcement agency that locates a missing person who is the subject of an alert shall notify the bureau as soon as possible that the missing person has been located.

(d) The executive director of the department shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title 24, for the implementation of the program. The rules must include:

(I) The process to be followed by the bureau in confirming the local law enforcement agency's information regarding a missing indigenous person;

(II) The process for reporting the information to the federal communications commission's designated state emergency alert system broadcaster in Colorado; and

(III) Any additional processes necessary for the effective implementation of the program.

(e) In its annual report to the committees of reference pursuant to section 2-7-203, the department shall report the number of times and dates when the alert system was used; the age and gender of each missing person; and whether the alert system assisted in locating the missing person. Notwithstanding subsection 24-1-136 (11)(a)(I), the reporting requirement set forth in this subsection (3)(e) continues indefinitely.

Source: L. 2022: Entire section added, (SB 22-150), ch. 466, p. 3316, § 4, effective June 8.

Cross references: For the legislative declaration in SB 22-150, see section 1 of chapter 466, Session Laws of Colorado 2022.